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Proceedings u/s 263(1) could only be invoked after satisfaction of its Ingredients

July 23, 2015 881 Views 0 comment Print

In the present case the Hon’ble Tribunal held that for invoking section 263 both the conditions that the order of AO is erroneous as well prejudicial to the interest of Revenue should be satisfied

Reassessment could be Initiated if True Facts not Disclosed Earlier

July 23, 2015 295 Views 0 comment Print

In the present case, the Hon’ble High court held that the proceedings of re-assessment could be made if full and true facts have not been disclosed earlier. Also, it was held that section 68 could be invoked if the genuineness of parties are not proved.

Making of Advances without Interest is not Contrary to Law

July 23, 2015 418 Views 0 comment Print

Shiv Nandan Buildcon Pvt. Ltd. vs. CIT (Delhi High Court) In the present case the Hon’ble High Court have deleted the addition on account of a notional income when advances were made without charging of any interest.

Entries write back in absence of explanation is assessable as income

July 23, 2015 4798 Views 0 comment Print

Tribunal examined that whether addition can be made on account of net increase in the assessee’s capital during the year on account of write back as well as write off of some old credits and debits appearing in her accounts.

AO can reply upon valuation of DVO only after proving understatement in price consideration as per sale deed

July 23, 2015 583 Views 0 comment Print

Tribunal examined two main issues in this case firstly, whether any addition is required to be made in the hands of assessee on account of unexplained investment in purchase of house property. Secondly, whether assessees have paid any amount over and above the consideration shown in the sale deed

Amount on account of debit note issued by earlier management cannot claimed as expenditure

July 23, 2015 928 Views 0 comment Print

The court has dealt with two issues in this case. Firstly, whether Tribunal was justified in deleting the disallowance made by AO on account of claim made by the assessee towards cost paid to Hindustan Lever Ltd. for salary of Managers, Officers on deputation.

Ownership of land is not a pre-condition for deduction u/s 80 IB (10)

July 23, 2015 588 Views 0 comment Print

Sec. 80-IB(10) of the Act thus provides for deductions to an undertaking engaged in the business of developing and constructing housing projects under certain circumstances noted above. It does not provide that the land must be owned by the assessee seeking such deductions

Once assessee has proved identity and creditworthiness of the share applicants, addition u/s 68 cannot be sustained

July 23, 2015 543 Views 0 comment Print

Once assessee has submitted documents related to identity, creditworthiness and genuineness of the transaction the onus of proving share application as bogus shifts on the revenue. If revenue fails to prove further then assessee connote be treated as bogus.

No Service Tax on Services Provided in India on behalf of Recipient Located Outside India

July 23, 2015 5301 Views 0 comment Print

The appellant is an agent of Western Union on whose behalf appellant is disbursing money to the persons directed by Western Union who is located outside India. Revenue is of the view that as the service has been performed in India therefore, the service is received by Western Union in India.

Integration of Extra Duty Deposit module in ICES- Regd

July 23, 2015 2243 Views 0 comment Print

In the cases where the importer and the supplier are related in terms of the Rule 2(2) of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007, the SVB of the jurisdictional Custom House issues Circular mandating the importer to pay the Extra Duty Deposit (EDD) of either 1% or 5% as per Para 9 of the Board’s Circular 11/2001-Cus. dt. 23.02.2001.

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